Are Electronic Wills Legal in England and Wales? The 2026 Position Explained
Ask most consumers whether they can sign a Will on screen in 2026 and a surprising number will say yes. The headlines around the Law Commission's reform work have been widely read as "Wills are going digital". They are not, at least not yet, and firms need to be clear about that with clients.
Here is the accurate position in England and Wales as things stand, and what it means for how you run a modern Will writing service.
Are electronic Wills valid in England and Wales right now?
No. A Will made today must still satisfy the formalities in the Wills Act 1837. In short, it must be in writing, signed by the testator or by someone in their presence and at their direction, in the physical presence of two witnesses who then sign as well.
An electronic Will is not currently a valid Will. Any provider suggesting otherwise is misstating the law. A typed name, a pasted signature image or a document saved to a home computer will not do the job.
What did the Law Commission actually recommend?
On 16 May 2025 the Law Commission published its final report, Modernising Wills Law, in two volumes. Volume one set out recommendations for reform. Volume two contained a full draft Bill for a new Wills Act to replace the 1837 legislation.
The headline recommendations included:
Allowing electronic Wills to be formally valid, but only where they are made and stored on a system meeting specific reliability standards to be defined in regulations
Ending the rule that marriage or civil partnership revokes an existing Will, which is aimed at predatory marriage
Reducing the minimum age for making a Will to 16
Replacing the Banks v Goodfellow test with the Mental Capacity Act 2005 standard
Giving the court a dispensing power to uphold a document that fails the formalities where the testator's intention is clear
Strengthening the court's powers around undue influence
It is worth being precise about the electronic Wills recommendation. Under the draft Bill an electronic Will would still need writing, a signature, intention, and two witnesses present at the same time. The reliability requirement is an extra hurdle on top, not a replacement for the existing ones.
Where has the reform got to in 2026?
The government issued a short interim response acknowledging that the current law is outdated. Beyond that, progress has been slow. The Law Society publicly criticised the lack of movement. The government's full response was due by May 2026 but had still not been published by autumn 2026, and no Wills Bill has been introduced in Parliament.
So the honest summary is this. A framework for electronic Wills has been designed in detail and published. None of it is law. There is no commencement date to wait for, because there is no Act to commence.
What should firms be telling clients?
Three things, clearly and in writing:
A Will signed today must be a physical document, properly signed and witnessed. Nothing about that has changed.
Waiting for reform is not a plan. Reform may take years, and a client who dies intestate in the meantime gets no benefit from a Bill that was never passed.
What can be done digitally today is everything around the document. Instructions, drafting, identity checks, storage, review reminders and the evidential trail can all be handled online.
That last point is where the real opportunity sits, and it is where most firms are still leaving efficiency on the table.
How can a firm be digital without pretending Wills are digital?
The distinction matters. Digital onboarding is not the same as digital execution, and clients understand it once you explain it.
A modern Will writing journey in 2026 looks like this. The client starts online at a time that suits them, works through instructions at their own pace, pays electronically, and receives a properly drafted Will to sign under the 1837 formalities with clear guidance on witnessing. Behind the scenes the firm has a complete record of who gave what instruction and when.
That approach is faster for the client, cheaper for the firm, and entirely compliant. If reform does arrive, firms already running this way will be positioned to adopt electronic execution on day one, because only the final step needs to change.
It also pairs naturally with a review programme. Clients whose Wills were drafted before the pension inheritance tax change coming in April 2027 will need to revisit them anyway.
Offer online Wills under your own brand
Ai Wills gives you a fully white label digital Will writing journey, built for the law of England and Wales, with the admin automated and your branding throughout.
Frequently asked questions
Can I sign my Will electronically in England and Wales?
No. As the law stands, a Will must be a physical document signed by the testator in the physical presence of two witnesses who also sign it. Electronic signing is not valid.
Has the Wills Act 1837 been replaced?
Not yet. The Law Commission published a draft Bill for a new Wills Act alongside its May 2025 report, but no Bill has been passed by Parliament, so the 1837 Act still governs Will formalities.
What is a reliable system for electronic Wills?
It is a concept from the Law Commission's draft Bill. An electronic Will would only be valid if made and stored on a system meeting technical standards to be set out in regulations. Those standards do not yet exist, and neither does the underlying law.
Is an online Will service legal then?
Yes. Online services handle the instructions, drafting and delivery digitally. The finished Will is then printed and signed with two witnesses in the usual way, so the formalities are satisfied.
Should clients wait for the law to change before making a Will?
No. There is no Bill before Parliament and no timetable. Anyone without a valid Will risks their estate passing under the intestacy rules instead of according to their wishes.
This article is general information about the law of England and Wales as it stands in 2026 and is not legal advice. The position on Wills reform may change, so please check the current position before acting.
